India's top court Supreme Court is in news for two cases it is dealing with currently. One is related India's cricket board, where it is in a spree to cleanse the cricketing organisation from unethical, unholy and improper practices while adjudicating the IPL-6 fixing case. Second one is the case of Sahara chief Subrata Roy Sahara.

In
the BCCI's case, Supreme Court started dictating the term including
appointing acting BCCI chief and issuing guidelines on what to do and
what not to do. Similarly in Sahara
case, Supreme Court clearly said that unless Sahara pays a fixed
amount and guarantee for subsequent amount, it wouldn’t allow
Subrata
Roy to get out of jail on bail. Many think it’s unprecedented
the way Sahara chief is put to literally in ransom like situation
i.e. pay or live in Jail.

In
Focus

Apart from the above, there are lots of cases where Supreme
Court/High Courts takes suo motu cognisance to ensure justice to
victims. Even considering some public litigation cases, Supreme Court
constituted Special Investigation Teams (SIT) to investigate high
profile cases under its direct monitoring. It must be noted that all
these acts of Supreme Court and High Courts, in fact delivered good
and positive results, which wouldn’t be possible due to junked
system prevailing in our executive.

However, hard core democratic lovers though accept the judicial
activism or so called judicial over-activism, but apprehend future of
such a democracy, where one institution is doing three functions
simultaneously. If same Institution does investigation, prosecution
and adjudication, how the democratic values be up kept? This logic
has a point.

Normally investigation agency should investigate a matter
independently. Then prosecuting agency should prosecute somebody in
front of adjudicating body, where as adjudicating body should be
neutral to both prosecutor and accused. Though it appears to be
benefiting the country at the moment, but it may have serious
consequences in future!

Present Judges are of impeccable integrity, but who can guarantee
character and attitude of future Judges particularly when appointment
of Judges are purely an internal matter of higher courts! One
shouldn’t forget that the then Supreme Court bench ratified Indira
Gandhi’s emergency declaration! If it happened in past, it can be
repeated in future too!

But still people are there who see Supreme Court is the ultimate
savior. Many says that if Supreme Court of Pakistan restored
democracy in Pakistan, what’s wrong in Indian higher courts taking
proactive actions to ensure that the democracy of this country is not
collapsed.

We need to understand that our democracy is like a roof which is
supported by four pillars such as Legislature, Judiciary, Executive
and Media. There is lack of strength (will-power) in legislature
pillar to up keep the value and spirit of democratic systems. It is
connected by a beam (line of instruction) to executive pillar, which
is also weak to support the democratic roof because the beam's
pressure override it’s natural role to support the roof of
democracy.

Result is that the entire load of democracy-roof falls on two pillars
that are judiciary and media. Thus both pillars yield to activism
proactively to maintain balance and keeping somehow the democracy at
its position.

For media activism many people say that there are excessive media
trials. In certain cases media becomes hyper in naming and shaming.
Some also hold media doing a good job. If, politicians prefer debates
in TV studios than in Parliament, then why should blame media? If
both political parties and executive hiding their wrong doings,
indulging in unethical things and sometimes suppressing the facts and
allowing tainted people to remain out of clutches of law of land,
what’s wrong if media is unearthing these wrong doings while
adopting extra-ordinary ways?

Thus at present people are happy seeing both pillars (Judiciary and
media) taking entire load on their shoulders. But can it be success
in long run? I don’t think so! In the long run any of the pillars
may collapse due to over load/stress and may collapse the roof
(democracy). Thus while appreciating the role of both Judiciary and
Media, I too agree that unless separation of power (Non-encroachment
to other zones) as mentioned in constitution if not restored early,
then our democracy sure to face severe consequences.

How it can be corrected. Answer is again very simple. The
Constitution start with ‘We the People’. It vested the
responsibility on the people to choose the legislators ensure honest,
efficient, effective and dedicated legislature. If legislature
becomes okay, executive becomes automatically efficient and capable.
If both these pillars become strong, then there would be no extra
load and stress on remaining two pillars i.e. Judiciary and the
Media! Thus democracy has to start function vibrantly well!

We
always blame the system, forgetting that we are the key to fix the
system. We need to realise that we are in a democracy, we need to
deserve to be in a democracy. To be deserved to be in a democracy we
are to disburse our fundamental and Constitutional obligation without
failing. If we fail, our democracy is set to fail.

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